Excelsior Correspondent
SRINAGAR, Nov 3: The High Court has directed the Government to expeditiously recover and get back the possession of all the Government properties occupied by the erstwhile allottees and report the court by next date of hearing.
The Division Bench of Chief Justice Gita Mittal and Justice Sindhu Sharma while hearing plea filed by Estates Department seeking eviction of Ministerial Bungalow from former Law Minister and senior leader of National Conference Mir Saifullah, directed the Government to ensure that expeditious steps are taken to retrieve all the Government properties which are under illegal occupation of the erstwhile allottees and report the court in this regard.
Court has treated the petition filed against NC leader as public interest and directed the Registry to register the matter as a separate petition in public interest and list the same on November 12 seeking orders from the administrative side for listing the matter.
Meantime, Court has been informed by the counsel of respondent-Mir that he has vacated the Ministerial Bungalow. Court had also on previous hearing directed the Government to place before it the expenditure incurred on the security of the respondent monthly basis and for total period.
Government counsel informed the court that information with regard to security expenditure is with him. Court directed him to ensure that the same is brought on record during the course of the day.
Court on previous hearing had directed the Government to inform it about the bank accounts of Mir Saifullah for recovery of rentals and other charges in lieu of his Government accommodation in case he failed to deposit the rent and allied fee as was required to be paid by him in lieu of the Government accommodation.
Court was informed that Mir continued to be in illegal and unauthorized occupation of a valuable Government property and court had observed that the Government should have moved in accordance with law and ensured that the Ministerial Bungalow was vacated.
Petition was filed by the authorities seeking review of order on wrongful retention of Government accommodation, T-10 at Tulsi Bagh, Srinagar under the garb of court orders.
Court was informed that more than five years have passed but the respondent-Mir is enjoying the Ministerial Government accommodation.
Court has also sought information from the Government about the steps taken with regard to Government accommodation which is in the illegal occupation of erstwhile alltottees and the steps taken for compliance with the directions passed by the Supreme Court in this regard.
Referring the Supreme Court direction in which Apex Court directed that no former Chief Minister will occupy any Government Bungalow or any Government accommodation after 15 days from the date on which his terms comes to an end.
The DB also the directed the authorities to ensure that all charges are recovered from the illegal occupants including damages for illegal use and occupation including electricity and water charges and costs incurred on the security of the Government accommodation in case it has been illegally occupied by the erstwhile allottees.
“In so far as this aspect of illegal retention and occupation of Government accommodation by the erstwhile allottees in the J&K UT in contravention of the directions of Supreme Court are concerned, the Registry will register it as separate public interest,” the DB directed.
It may be noted that the writ court is also seized of the matter pertaining to Government accommodation and Principal Secretary of Estates Department in his report submitted that large number of persons including former Ministers, MLAs, Retired IAS Officers, MLCs and politicians are still unauthorizedly residing in Ministerial Bungalows in different categories of accommodations of the Estates Department in both provinces of Jammu as well as Srinagar.
Writ court has also directed for eviction of such occupants who are illegally occupying the Government accommodations and directed for submitting of an affidavit as regards to the directions passed by the court qua eviction of such persons.
Report also revealed that huge amount which is in lakhs of rupees is outstanding on account of rent against these categories of authorized and un-authorized occupants and no steps so far have been taken by the Department either to vacate the said persons or recover the outstanding amount from them despite court directions from time to time.
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